Part IIIFunctions and powers of the Authority

An Act relating to the Construction and Operation of Works for the Generation of Hydro‑electric Power in the Snowy Mountains Area Preamble WHEREAS additional supplies of electricity are required for the purposes of defence works and undertakings: AND WHEREAS the construction of further defence works and the establishment of further defence undertakings will require additional supplies of electricity: AND WHEREAS it is desirable that provision should be made now to enable increased supplies of electricity to be immediately available in time of war: AND WHEREAS the consumption of electricity in the Australian Capital Territory and, in particular, at the Seat of Government within that Territory, is increasing and is likely to continue to increase: AND WHEREAS it is desirable that the generation of electricity for the purposes referred to in this preamble should be undertaken in such an area and in such a manner as to be least likely to suffer interruption in time of war: AND WHEREAS, by reason of the foregoing, it is desirable that provision should be made now for the generation of electricity by means of hydro‑electric works in the Snowy Mountains Area: BE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows: ## Part I—Preliminary ##### 1 Short title \[see Note 1\] This Act may be cited as the Snowy Mountains Hydro‑electric Power Act 1949. ##### 2 Commencement \[see Note 1\] This Act shall come into operation on the day on which it receives the Royal Assent. ##### 4 Interpretation In this Act, unless the contrary intention appears: > Associate Commissioner means an Associate Commissioner holding office under this Act. > easement includes a licence or a right in the nature of an easement. > owner, in relation to any land, includes any person having an estate or interest in that land. > the Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 1 and, except in section 5A, includes any agreement relating to the Guthega project entered into in accordance with clause 22 of the Agreement. > the Authority means the Snowy Mountains Hydro‑electric Authority. > the Commissioner means the Commissioner constituting the Authority. > the Supplemental Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 2. ##### 5 Act to bind States This Act shall bind the Crown in right of a State. ##### 5A Approval of Agreements (1) The Agreement is approved. (2) The Supplemental Agreement is approved. ##### 5B Certain rights of South Australia not affected Nothing in this Act shall be taken to affect the rights of the State of South Australia under the agreement a copy of which is set out in the Schedule to the Murray‑Darling Basin Act 1993. ##### 6 The Snowy Mountains Area (1) For the purposes of this Act, the Snowy Mountains Area shall be an area or areas of land in the south‑eastern portion of the State of New South Wales and the north‑eastern portion of the State of Victoria defined in accordance with this section. (2) The Governor‑General may, by proclamation, define the boundaries of the Snowy Mountains Area and may, from time to time, by Proclamation, vary the boundaries as so defined. (3) A Proclamation under this section does not operate to vary the boundaries of the Snowy Mountains Area so as to include land which was not included in that Area on 6 November 1958 unless the variation is made with the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria. (4) Where a Proclamation under this section making a variation in the boundaries of the Snowy Mountains Area recites the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria to that variation, the recital is evidence of the approvals so recited. ## Part II—The Snowy Mountains Hydro‑electric Authority ##### 7 The Snowy Mountains Hydro‑electric Authority (1) For the purposes of this Act, there shall be an Authority to be known as the Snowy Mountains Hydro‑electric Authority. (2) The Authority shall be constituted by a Commissioner, shall be a corporation sole with perpetual succession and an official seal, may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name. > Note: Subject to section 26, the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed. (4) The Commissioner shall be appointed by the Governor‑General. ##### 8 Associate Commissioners (1) The Governor‑General may appoint 1 or 2 Associate Commissioners to assist the Commissioner. (2) An Associate Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires and shall perform such duties as the Commissioner directs. ##### 9 Tenure of office (1) The Commissioner and each Associate Commissioner: (a) shall be appointed for a period not exceeding 7 years; and (b) may be appointed on a full‑time basis or on a part‑time basis. (3) Where the period of appointment of the Commissioner or an Associate Commissioner has expired he shall be eligible for re‑appointment. ##### 10 Remuneration (1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal. (2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. ##### 11 Leave of absence (1) A full‑time Commissioner and a full‑time Associate Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may: (a) grant a full‑time Commissioner and a full‑time Associate Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and (b) grant a part‑time Commissioner and a part‑time Associate Commissioner leave to be absent from a meeting or meetings of the Authority. ##### 11A Disclosure of Commissioner’s interests If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister. ##### 12 Dismissal of Commissioner or Associate Commissioner The Governor‑General may terminate the appointment of the Commissioner or of an Associate Commissioner for inability, inefficiency or misbehaviour. ##### 13 Vacation of office The office of the Commissioner or of an Associate Commissioner shall be vacated: (a) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he engages in any paid employment outside the duties of his office; (b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his salary for their benefit; (c) if he resigns his office by writing under his hand addressed to the Governor‑General and the resignation has been accepted; (d) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (e) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 25 persons: (i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Authority; or (ii) participates or claims to participate in the profit of any such contract or agreement or in any benefit or emolument arising from any such contract or agreement; or (f) if the Commissioner contravenes section 11A without reasonable excuse. ##### 14 Acting Commissioner and Acting Associate Commissioner (1) The Minister may appoint a person to act in the office of the Commissioner or the office of an Associate Commissioner: (a) during a vacancy in the office; or (b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office. (1A) A person may be appointed under paragraph (1)(a) to act in an office for an indefinite period. (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (3) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in an office in accordance with subsection (1); and (b) terminate such an appointment at any time. (4) Where a person is acting in an office in accordance with paragraph (1)(b) and that office becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs or the vacancy is filled, whichever first happens. (5) The appointment of a person under subsection (1) ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister. (6) While a person is acting in an office in accordance with subsection (1), he has and may exercise all the powers, and shall perform all the functions, of that office. (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased. ##### 15 Delegation (1) The Authority may, in relation to any particular matter or class of matters, or to any particular place, by writing under its seal, delegate to an Associate Commissioner or an officer all or any of its powers under this Act (except this power of delegation), so that the delegated powers may be exercised by the delegate with respect to the matter or class of matters, or to the place, specified in the instrument of delegation. (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power by the Authority. ## Part III—Functions and powers of the Authority ##### 16 Functions of the Authority (1) The functions of the Authority are: (a) with the object of assisting to ensure that adequate supplies of electricity are available, in time of war as well as in time of peace, in the States of New South Wales and Victoria and in the Australian Capital Territory for purposes necessary or conducive to the defence of the Commonwealth and for other purposes of the Commonwealth, to provide hydro‑electric works in the Snowy Mountains Area for the generation of electricity; and (b) with the object specified in paragraph (a), and as incidental to its functions related to that object, to generate, or permit the generation of, electricity in the works of the Authority and to supply, or permit the supply of, electricity generated in those works: (i) to, or as directed by, the Commonwealth for purposes of the Commonwealth and for consumption in the Australian Capital Territory; and (ii) to The Electricity Commission of New South Wales and the State Electricity Commission of Victoria or to a corporation succeeding either of those Commissions. (2) Except as otherwise directed by the Governor‑General, the Authority may have, perform or exercise a capacity, function, power, authority or duty conferred or imposed upon it by an Act of the Parliament of the State of New South Wales or the State of Victoria. (3) The Authority shall comply in all respects with the provisions of the Agreement and of the Supplemental Agreement that are applicable to it. ##### 17 General powers of the Authority (1) For the purpose of performing its functions under section 16, the Authority shall have power to construct, maintain, operate, protect, manage and control works: (a) for the collection, diversion and storage of water in the Snowy Mountains Area; (b) for the generation of electricity in that area; (c) for the transmission of electricity generated by the Authority; and (d) incidental or related to the construction, maintenance, operation, protection, management or control of any works specified in the preceding paragraphs. (2) The Authority shall have power to construct, maintain, operate, protect, manage and control works which, in the opinion of the Authority, are necessary or desirable for the purpose of preventing or mitigating injurious effects of any works referred to in subsection (1). ##### 18 Particular powers of the Authority The Authority shall have, in addition to the powers specifically conferred upon it by this Act, such other powers as are necessary or convenient for the performance of its functions under this Act, and, in particular, and without limiting the generality of the foregoing, shall have power: (a) to purchase land; (b) to take land on lease; (c) to take easements over land; (d) to sell or otherwise dispose of land vested in the Authority but not required for the purposes of the Authority; (e) to lease land vested in the Authority the use of which is not for the time being required by the Authority; (f) to release any easement over land; (g) to purchase or take on hire plant, machinery, equipment or other goods; (h) to dispose of plant, machinery, equipment or other goods owned by the Authority but not required by the Authority; (i) to provide transport, accommodation, provisions, medical treatment, hospital facilities and amenities for officers and employees of the Authority and their families; and (j) to do anything incidental to any of its powers. ##### 19 Power to enter land and take levels etc. The Commissioner, an Associate Commissioner, an officer or employee of the Authority, or any other person authorized by the Authority so to do, may, for the purposes of this Act, without any previous notice: (a) enter upon land (including land owned or occupied by the Crown in right of a State) for the purpose of inspecting the land; (b) make surveys, take levels, sink bores, dig pits and examine the soil; and (c) do any other thing necessary for ascertaining the suitability of the land for the purposes of the Authority. ##### 20 Power to enter and occupy land The Authority, or any person authorized by the Authority so to do, may, for the purposes of this Act: (a) after giving not less than 7 days’ notice in writing to the occupier of land (including land owned or occupied by the Crown in right of a State), enter upon and occupy that land; (b) on or from land so occupied: (i) construct, build or place any plant, machinery, equipment or goods; (ii) take sand, clay, stone, earth, gravel, timber, wood or other materials or things; (iii) make cuttings or excavations; (iv) deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things; (v) erect workshops, sheds and other buildings; (vi) make roads; and (vii) manufacture and work materials of any kind; and (c) demolish, destroy or remove, on or from land so occupied, any plant, machinery, equipment, goods, workshop, shed, building or road. ##### 21 Powers in respect of waters The Authority may raise or lower the level of a lake, river or stream in the Snowy Mountains Area and impound, divert and use the waters of a lake, river or stream in that area. ## Part IV—Officers and employees of the Authority ##### 22 Officers and employees of Authority (1) The Authority may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act. (2) The terms and conditions of service of officers appointed under subsection (1) are such as are determined by the Authority. (3) The terms and conditions of employment of employees engaged under subsection (1) are such as are determined by the Authority. (4) In subsections (2) and (3), terms and conditions include conditions with respect to duration of service or employment or with respect to dismissal from service or employment. ##### 24 Preservation of industrial awards Nothing in this Act prevents the making of an industrial award, order, determination or agreement under any other Act in relation to officers or employees of the Authority or affects the operation of such an award, order, determination or agreement in relation to officers or employees of the Authority. ## Part V—Finances of the Authority ##### 25 Financial policy Subject to subsection 16(3), the Authority shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue. ##### 26 Application of the Commonwealth Authorities and Companies Act 1997 (1) The Commonwealth Authorities and Companies Act 1997 (except sections 27F to 27L) applies to the Authority as if: (a) the Authority were a body corporate; and (b) the Commissioner were a director of the Authority for the purposes of that Act. (2) For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority: (a) Associate Commissioners; (b) members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner. ##### 27 Borrowing from Commonwealth The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, in writing, determines. ##### 28 Borrowings otherwise than from Commonwealth (1) The Authority may, with the approval of the Treasurer: (a) borrow money otherwise than from the Commonwealth; or (b) raise money otherwise than by borrowing; on terms and conditions that are specified in, or consistent with, the approval. (2) Without limiting the generality of subsection (1), the Authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities. (3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency. (4) An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions. (5) An approval under subsection (1) shall be given in writing. (6) In this section, securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents. (7) A reference in this section to dealing with securities includes a reference to: (a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities; (b) creating, selling, purchasing or re‑selling rights or options in respect of securities; and (c) entering into agreements or other arrangements relating to securities. (8) For the purposes of this section: (a) the issue by the Authority of an instrument acknowledging a debt in consideration of: (i) the payment or deposit of money; or (ii) the provision of credit; otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and (b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained. ##### 28A Guarantee of borrowings by Authority (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract: (a) guaranteeing the repayment by the Authority of money borrowed under paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or (b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as are specified in the contract. (2) The Treasurer may, in writing, determine: (a) that the repayment by the Authority of money borrowed under paragraph 28(1)(a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or (b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as is specified in the determination is guaranteed by the Commonwealth; and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth. (3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions. (4) A contract entered into under subsection (1) may include either or both of the following provisions: (a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia; (b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract. (5) Where a borrowing under paragraph 28(1)(a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this subsection, guaranteed by the Commonwealth. ##### 28B Authority may give security The Authority may give security over the whole or any part of its land or other assets for: (a) the repayment by the Authority of money borrowed by the Authority under section 27 or paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; (b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 28(1)(b); or (c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 28A(1) or a determination made under subsection 28A(2). ##### 29 Borrowings not otherwise permitted The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 27 and 28. ##### 29A Delegation by Treasurer (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 28 and 28A. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer. (3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer. (4) A delegation under subsection (1) does not prevent the exercise of a power by the Treasurer. ##### 30 Application of moneys (1) Subject to subsection (2) and to section 19 of the Commonwealth Authorities and Companies Act 1997, the moneys of the Authority may be applied by the Authority: (a) in payment or discharge of the costs, expenses or other obligations of the Authority; and (b) in payment of remuneration and allowances payable to any person appointed under this Act or employed by the Authority under this Act or any other law; and not otherwise. (2) Moneys of the Authority to which paragraph (j) of sub‑clause (2) of clause 15 of the Agreement applies may be invested in accordance with that paragraph and not otherwise. (3) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with subsection (2), and pay or credit interest on those deposits to the Authority in accordance with the Agreement. ##### 30B Liability to taxation (1) Except as otherwise provided by or under another Act (whether passed before or after the commencement of this Act), the Authority is subject to taxation under the laws of the Commonwealth. (2) Subject to subsection (3), the Authority is not subject to taxation under a law of a State or of a Territory. (3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law of a State or Territory. (4) Stamp duty or any similar tax is not payable under a law of the Commonwealth or of a State or Territory in respect of: (a) a security issued by the Authority; (b) the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or (c) any document executed by or on behalf of the Authority, or any transaction, in relation to the borrowing of moneys by the Authority. ##### 31 Contracts (1) The Authority may not, without the approval of the Minister, enter into a contract involving the payment or receipt of an amount exceeding $2,000,000. (2) Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the Commonwealth Authorities and Companies Act 1997. ## Part VA—Reports ## Part VI—Miscellaneous ##### 33 Authority in execution of works to do as little damage as possible (1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible. (2) Where the owner of land in the Snowy Mountains Area is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Act, compensation shall be paid by the Authority. (3) Where land (whether within or without the Snowy Mountains Area) is entered or occupied in pursuance of section 20, the Authority shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of: (a) damage of a temporary character as well as of a permanent character; and (b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Authority. (3A) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding from temporary works of the Authority in relation to that land, the Authority shall be liable to pay compensation to the owner. (3B) In subsection (3A), loss by flooding from temporary works of the Authority means loss directly resulting from the raising of the level of the Upper Murray or of the Lower Tumut by the discharge of waters from works of the Authority other than permanent works of the Authority. (3C) Expressions used in subsections (3A) and (3B) (other than the expression loss by flooding) which are defined in the Agreement or the Supplemental Agreement have the same meanings as in the Agreement or the Supplemental Agreement, as the case may be. (3D) For the purposes of rights to compensation under this section, where anything has been done by, or under the authority of, the Authority and the doing of that thing was authorized both by this Act and by a State Act, that thing shall be conclusively presumed, as against the Authority, to have been done in pursuance of this Act. (3E) Nothing in this section shall be construed as excluding or limiting any liability of the Authority apart from this section in respect of a matter in relation to which compensation is not payable under this section. (4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989. ##### 36 Arrangements with States etc. The Authority may arrange with a Minister of State or authority of the Commonwealth or of a State for the performance by that Minister or authority of any work on behalf of the Authority. ##### 37 Works of Authority not to be injuriously affected (1) Except as prescribed, a person shall not, in the Snowy Mountains Area, carry out any work, or make any use of the water in a lake, river or stream, whereby any works, or proposed works, of the Authority, or the use, or proposed use, of water in the works of the Authority, is or may be injuriously affected or interfered with. (2) Without prejudice to any civil remedy available to the Authority, a person who contravenes subsection (1) is guilty of an offence against this section. (3) An offence against this section may be prosecuted either summarily or upon indictment. (4) The punishment for an offence against this section is: (a) where the offence is prosecuted summarily—a fine not exceeding $200; or (b) where the offence is prosecuted upon indictment—a fine not exceeding $1,000 or imprisonment for a term not exceeding 1 year. (5) Nothing in this section shall be deemed to prevent or affect the operation of a provision in a law of a State prohibiting any acts which are also prohibited by this section. ##### 38 Discharge of water Any water used by the Authority for the generation of electricity shall be discharged into a lake, river or stream in the Snowy Mountains Area. ##### 41 Regulations The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which, by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular, for prescribing penalties not exceeding a fine of $100 or imprisonment for a period not exceeding 3 months, or both, for offences against the regulations.